Arkansas Presbytery of the Cumberland Presbyterian Church et al. v. Gary D. Hudson et al.

EN BANC

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

PER CURIAM CA00-14

September 20, 2000

ARKANSAS PRESBYTERY OF THE AN APPEAL FROM POPE COUNTY

CUMBERLAND PRESBYTERIAN CHANCERY COURT

CHURCH, et al. NO. E98-394

APPELLANTS

V. HONORABLE RICHARD E. GARDNER, JR.

CHANCELLOR

GARY D. HUDSON, et al.

APPELLEES APPEAL DISMISSED

This appeal is brought by the Arkansas Presbytery of the Cumberland Presbyterian Church, a collection of churches governing the Cumberland Presbyterian Churches in Arkansas. In 1998, the Presbytery filed an unlawful detainer and replevin action in Pope County Circuit Court against one of its former member churches, appellee Palmetto Cumberland Presbyterian Church. Palmetto counterclaimed with a petition to quiet title, and the action was transferred to Pope County Chancery Court. After a hearing, the chancellor quieted title to three tracts of land in Palmetto. The Presbytery appeals from that ruling. Because the order from which the Presbytery appeals is not a final order, we must dismiss the appeal.

In 1995, following years of controversy over the Cumberland Presbyterian Church's 1984 Confession of Faith (the church's ruling document), Palmetto Cumberland Presbyterian

Church withdrew from the Arkansas Presbytery. In doing so, it claimed ownership of three tracts of real property to which it had held title for a number of years. It also claimed ownership of personal property consisting of membership, financial, and historical records. On May 11, 1998, the Presbytery filed suit against Palmetto alleging that the Presbytery, not Palmetto, was entitled to possession of the abovementioned real and personal property. Palmetto responded with a counterclaim and asked that title to the real property be quieted in it.

Following transfer to chancery court, a hearing was held on May 7, 1999. The Presbytery argued that, under the terms of the Cumberland Presbyterian Church Constitution, all real property held by Palmetto was held in trust for the use and benefit of the entire Cumberland Presbyterian Church, regardless of what was shown in the deeds. Despite this argument, the chancellor quieted title to the real property in Palmetto. No ruling was made on the Presbytery's replevin claim regarding personal property.

Arkansas Rule of Civil Procedure 54(b) provides that, when more than one claim for relief is presented in an action, an order which adjudicates fewer than all of the claims is not a final, appealable order. See Hambay v. Williams, 335 Ark. 352, 980 S.W.2d 263 (1998). The trial court may direct entry of a final judgment as to fewer than all the claims in a lawsuit, but only upon an express determination, supported by specific factual findings, that there is no just reason for delay. See Ark. R. Civ. P. 54(b). In the absence of such a finding, the order is not appealable. See Stratton v. Arkansas State Hwy. Comm'n, 323 Ark. 740, 917 S.W.2d 538 (1996). Whether an order is final for purposes of appeal is a jurisdictional issuewhich we are required to raise, even if the parties do not. Maroney v. City of Malvern, 317 Ark. 177, 876 S.W.2d 585 (1994). The fundamental policy of Rule 54(b) is to avoid piecemeal appeals. See id.

The record in this case does not indicate that the Presbytery's replevin action was adjudicated or otherwise disposed of. Further, the chancellor's order does not reflect a determination, supported by specific factual findings, that there is no just reason for delay. The order appealed from therefore does not comply with Rule 54(b), and we dismiss the appeal without prejudice to refile at a later time.

Dismissed.